The Fourth DCA reversed a trial court's order denying a motion to dismiss a malpractice claim alleging that the physician improperly performed cosmetic electrolysis. The Fourth District held that laser hair removal is a medical procedure because it must be performed by a physician or a non-physician supervised by a physician pursuant to §458.348(3), Fla. Stat. (2008). The court stated, "despite the plaintiff's creative dance around the obvious, this complaint alleges a claim of medical negligence. As such, the plaintiff must comply with the presuit screening process." Note also that the court granted certiorari to review the denial of a motion to dismiss in this case, because allowing the case to proceed with to a judgment only to be reversed on appeal would "eliminate the very cost-saving procedures for which the Act was created."

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